The Morning Rant: Minimalist Edition

We are hostage to an 1898 Supreme Court case that held that a man who was born here is a citizen, which makes sense. However, the case didn't address the immigration status of his parents, because that wasn't a big deal in 1898.

Well, it's a very big deal now, and it is time to revisit that case. The idea that one can commit a crime -- and crashing our border is a crime! -- and gain unimaginable benefits as a result of that crime is an insane misreading of the concept of citizenship, and an equally insane reading of the rule of law.

Luckily, Donald Trump is our president!

Trump Signs Executive Order Ending Birthright Citizenship

President Donald Trump on Monday, in one of his first official acts as president, signed an executive order ending birthright citizenship.

The executive order clarifies that the federal government does not automatically recognize birthright citizenship for children born to illegal immigrants in the United States.

Earlier, Trump acknowledged in comments that the order could be controversial and that he was expecting an imminent legal challenge.

Birthright citizenship has been enshrined in the U.S. Constitution since the 1898 Supreme Court case United States v. Wong Kim Ark.

Trump said that automatic citizenship was “just ridiculous” and that he believed he was on “good [legal] ground” to change it.

That court case doesn't seem to apply to our current problem: possibly millions of anchor babies born in the United States for the express purpose of subverting our immigration law! United States v. Wong Kim Ark is a narrow finding that simply does not address the status of the parents of anchor babies. That question needs to be answered, and the law needs to be clarified by Congress.

The obvious answer is that the fruits of an illegal act are also illegal. Can I rob a bank, use the money to buy a house, and keep the house? Can I kill my wife and collect the life insurance? The answer is a resounding "NO!"

But the illegal act of the parents confers citizenship? That's nuts. And it gets worse. Once anchor babies reach 21 years old, they can sponsor their parents for citizenship. That seems completely at odds with a plain understanding of the rule of law.

I think Americans will support a law that clarifies that the offspring of legal immigrants are citizens, since the pathway from legal immigrant to citizen is clear, and taken by many hundreds of thousands of legal immigrants each year.

But the gaming of our system must stop, and hopefully the current anchor babies will be reclassified as illegals and deported. Yes, those wonderful "Dreamers" need to be tossed out and told to get on line like all of the law-abiding folks who want to come to America.

Is that mean? Is that cold-hearted? Is that callous?

I don't care.

[Crossposted at CutJibNewsletter]

posted by CBD at 11:00 AM

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